Anytime someone files for divorce in Louisiana, the court handling the case will ask one very important question:  “On what grounds?”  The answer to this “Why?” question will determine which type of divorce procedure should be used in your case.  Here are the types of divorce you can file for in Louisiana: 

Grounds for Divorce in Louisiana

1. Living Separate and Apart (No Fault)

This is the most common type of divorce in Louisiana.  “Living separate and apart” means that you and your spouse have physically separated and are no longer living together.  This separation must be voluntary (on the part of at least one spouse), continuous, and without reconciling.  The amount of time that you have to be separated to get divorced depends on whether or not you and your spouse have minor children together.  Except in the case of a covenant marriage, the separation period is 180 days for a couple with no minor children, and 365 days for a couple with minor children.  Keep in mind that even if you and your spouse haven’t yet met the separation requirement, you can still file the initial divorce papers.  You just won’t be able to finalize the divorce until you and your spouse have been separated for the required period of time. 

2. Adultery

If you can prove that your spouse committed adultery during the marriage, you can bypass the separation requirement discussed above.  This will require a hearing in court, where you will have to present proof that the adultery occurred.  If you successfully prove the adultery in court, the judge will finalize your divorce that same day.  You will need to prove specific elements of the adultery, such as the time and location the adultery took place, and the identity of the other party, if known.  Because an adultery divorce is a contested matter that must be set for trial, you and your spouse are not allowed to agree that adultery occurred in an attempt to get a quick divorce. 

3. Felony Conviction 

If your spouse committed a felony and has been sentenced to death or imprisonment at hard labor, you can get divorced without having to be separated for a certain amount of time, similar to the adultery divorce discussed above.  Your spouse does not have to have actually served the sentence, they just have to have been convicted and received their sentence.

4. Domestic Abuse

If, during your marriage, your spouse physically or sexually abused you or one of your children, you can file for an immediate divorce without meeting any separation requirements.  This is true regardless of whether your spouse has been prosecuted for the abuse.  Similar to the adultery divorce, this requires a hearing in court, where you will present evidence that the abuse occurred.  If you sufficiently prove the abuse in court, the judge will grant your divorce that day.

5. Protective Order or Injunction re: Abuse

If you can show that, during your marriage, a court issued a protective order or injunction against your spouse to protect you or one of your children from abuse, the court will grant you an immediate divorce.  This is similar to the domestic abuse divorce discussed above, except in this case, you’ve already been to court about the abuse.  This type of divorce can be done very quickly if you have a certified copy of the protective order or injunction on hand.  

If you’re looking for a lawyer to help with your divorce or child custody case, the attorneys at J.P. Coleman Law, LLC can help. With offices in Louisiana and Alabama and with four lawyers, J.P. Coleman Law, LLC is equipped to help you with your case. The initial consultation is free. To schedule an appointment, call 251-947-6247 or visit their website at www.jpcolemanlaw.com to learn more.